SEXUAL HARASSMENT IN THE WORKPLACE

03 September 2018

• Employment law liverpool
• sexual harassment in the workplace
• sexual harassment
• employment tribunal
• unwanted conduct
• employee grievance
• employer
• employee
• #metoo
• #timesup
• employer policies
• sexual abuse
• verbal abuse
• fair treatment contact
• sexual harassment claims
• sex discrimination law

Sexual harassment claims in the workplace are on the rise, and any employee who feels as though they have experienced harassment in a sexual manner, should be made aware of the process for making a complaint.

The legal definition of sexual harassment includes the following:

“A person (A) harasses another (B)”

“A engages in unwanted conduct of a sexual nature”

And “the conduct has the purpose or effect referred to in subsection (1)(b)”

Which is when Person A creates:

“an intimidating, hostile, degrading, humiliating or offensive environment for B”.

It is also important to remember that sexual harassment is not just physical abuse, but also includes verbal abuse within the workplace.

Before making a complaint, the employee should check their organisations policies and procedures in relation to sexual harassment, to gain an understanding of the complaint procedure and who the employee must go to, in order to make the complaint.

Many organisations advise that employees should inform and pen a grievance letter to the appropriate person, suggesting the following contacts:

• An appointed member of HR with the specialist training.
• The appropriate senior staff member.
• An appointed Fair Treatment contact.
• A local Trade Union representative.

Before any communication takes place, the employee should ensure they have all the details regarding the complaint. Employees should try to keep notes on the incident, especially if the occurrence was particularly distressing, as instead of openly speaking about the incident they can hand over their notes to the appropriate person.

After the employee makes the complaint, it is then usually up to the employer to resolve the problem within the workplace. However, if an employee is not satisfied with the handling of the complaint they can then take the case to an Employment Tribunal, without the burden of paying out fees, since the Supreme Court ruled them unlawful in 2017.

For further details on what constitutes sexual harassment in the workplace visit here.

Here at Three Graces Legal we can help anyone who has experienced sexual harassment in the workplace. Please contact us on 0151 659 1070 to see how we may be of assistance.